STATE v. TOLMIE

No. 81-1964.

421 So.2d 1087 (1982)

STATE of Florida, Appellant, v. Pearl TOLMIE, Melodie Tolmie and Edwin Tolmie, and Edwin Tolmie, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 8, 1982.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Andrea T. Mohel, Asst. Atty. Gen., West Palm Beach, for appellant.

Bennett S. Cohn of Law Offices of Bennett S. Cohn, Lake Worth, and Steve Gomberg of Lubin & Hamill, P.A., West Palm Beach, for appellees.


DOWNEY, Judge.

Appellees were indicted for second degree murder. A motion to suppress was filed by appellees upon the ground that the affidavit for search warrant was not subscribed by the alleged affiant. The affidavit contained a jurat signed by the magistrate but was not signed by the alleged affiant nor does it contain any seal of the court. The State filed an affidavit of the magistrate who issued the warrant, which stated that he had placed the affiant under...

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